It depends on whether you sign up within the app or sign up on the Netflix site and simply log into the app. Paying through Apple will give them the 30% cut.
If you could only get access to it through Apple, that could be illegal. Of course, only to the extent that Apple is a monopoly. Or at least a majority market holder? So, yeah, trying to argue that in front a 9 supremes, who are sticklers for getting this sort of thing right, is not likely to go well. We really should have changed the laws, and only after the laws were changed, should we have gone after the tech companies. Would have been much more successful.
Doing what we're doing is just a display for the purposes of getting votes. It's like the politicians don't even think the issue is serious, they just want to try to get some votes.
Which, I suppose, is their only real goal anyway.